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No. 38033
GOVERNMENT GAZETTE, 3 OCTOBER 2014
GOVERNMENT NOTICES
GOEWERMENTSKENNISGEWINGS
DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES
DEPARTEMENT VAN LANDBOU, BOSBOU EN VISSERYE
No. R. 748
3 October 2014
AGRICULTURAL PRODUCT STANDARDS ACT, 1990
(ACT No. 119 OF 1990)
REGULATIONS REGARDING CONTROL OF THE EXPORT OF FRESH FRUITS
The Minister of Agriculture, Forestry and Fisheries has, under section 15 of the Agricultural Product
Standards Act, 1990 (Act No. 119 of 1990) (a)
made the regulations in the Schedule;
(b)
determined that the said regulations shall come into operation on the date of publication;
and
(c)
Read together with section 4 of the said Act, repeal the regulations published by
Government Notice Nos. R. 1998 of 23 August 1991, No. R 1999 of 23 August 1991, No.
R 2000 of 23 August 1991, No. R 2001 of 23 August 1991, No. R 2002 of 23 August
1991, No. R 2003 of 23 August 1991, No. R 2004 of 23 August 1991, No. R 2005 of 23
August 1991, No. R 2006 of 23 August 1991, No. R 2007 of 23 August 1991, No. R 2008
of 23 August 1991, No. R 2009 of 23 August 1991, No. R 2010 of 23 August 1991, No. R
2011 of 23 August 1991 No. R 2012 of 23 August 1991, No. R 2013 of 23 August 1991
with effect from the said date of commencement.
SCHEDULE
Definitions
In these Regulations any word or expression to which a meaning has been assigned in the
Act, shall have that meaning, and -
1.
"accredited laboratories" means any laboratory that is not a National Reference Laboratory and that is
nominated by the Executive Officer in writing as being suitable or required for the testing of compliance as
envisaged in terms of regulation 6(1) and 7(1);
"apple" means the fruit of the cultivars which are grown from the species Malus sylvestris;
"apricot" means the fruit of the cultivars which are grown from the species Prunus armeniaca;
"assignee" means a person, undertaking, body, institution, association or board designated as such under
section 2 (3) (a) of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990);
"avocado" means the fruit of the cultivars which are grown from the species Persea americana Miller,
"certificates" means a certificate that may be issued either in paper format (including electronically
prepared) or in a verified electronic format which describe and attest to conformity of a
consignment of regulated agricultural products to stipulated requirements as set out in regulation
6.
"cherry" means the fruit of the cultivars which are grown from the species Prunus avium or Prunus
cerasus;
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STAATSKOERANT, 3 OKTOBER 2014
No. 38033
"citrus fruits" means fruit of the kinds oranges, grapefruit, lemons, limes, kumquats, pummelos , soft
citrus, and seville oranges;
"consignment" means a quantity of fresh fruits of the same cultivar, belonging to the same owner and
delivered at the same time under cover of the same delivery note, consignment note or receipt
note, or is delivered by the same vehicle, or in the case of a quantity of fresh fruits that is divided
into different cultivars, classes, count, diameter groups, pallet loads, trademarks or types of
packaging, every quantity of each of the different cultivars, classes, count, diameter groups,
pallet loads, trademarks of types of packaging;
"consignment note" means a description of a consignment as approved by the Executive Officer or the
Assignee;
"deciduous fruits" means fruits of the kinds apricots, apples, cherries, table grapes, nectarines, pears,
peaches, plums and prunes;
"Executive Officer" means the officer designated under section 2 (1) of the Agricultural Product Standards
Act, 1990 (Act No. 119 of 1990)
"food business operator" means the person or persons responsible for ensuring that the prescribed
requirements of these standards are met within the food business under his or her control and
include both the management of the food business as well as the person with overall authority on
site or in the specific establishment;
"fresh fruits" means deciduous fruits, citrus fruits, subtropical fruits and other unspecified fruits;
"grapefruit" means the fruit of the cultivars which are grown from the species Citrus paradisi (Macf.) and
its hybrids;
"inspector" means the Executive Officer or an officer under his control, or an Assignee or a qualified
employee of an Assignee;
"kiwifruit" means the fruit of the cultivars which are grown from the species Actinidia deliciosa;
"kumquats" means the fruit of the cultivars which are grown from the species Fortunella margarita and
Fortune Ila japonica (Thunb.) Swingle;
"lemons" means the fruit of the cultivars which are grown from the species Citrus limon (L.) Burm. f;
"limes" means the fruit of the cultivars which are grown from the species Citrus latifolia (Yu. Tan.) Tan.
(Acid limes) and Citrus aurantifolia (Christm.) Swingle (Mexican limes).
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No. 38033
GOVERNMENT GAZETTE, 3 OCTOBER 2014
"litchi" means the fruit of the cultivars which are grown from the species Litchi chinensis;
"mango" means the fruit of the cultivars which are grown from the species Mangifera indica;
"melon" means the fruit of the cultivars which are grown from the species Cucumis melo;
`National Reference Laboratory" means an official laboratory of the Department of Agriculture, Forestry
and Fisheries that has been nominated in writing by the Executive Officer for the testing of compliance as
envisaged in terms of regulation 6(1) and 7(1);
"nectarine" means the fruit of the cultivars which are grown from the species Prunus persica var.
nucipersica;
"oranges" means the fruit of the cultivars which are grown from the species Citrus sinensis (L) Osbeck,
"other unspecified fruit" means fresh fruit excluding citrus fruits, deciduous fruits and subtropical fruits;
"peach" means the fruit of the cultivars which are grown from the species Prunus persica
"pear" means the fruit of the cultivars which are grown from the species Pyrus communis;
"pineapple" means the fruit of the cultivars which are grown from the species Ananas comosus;
"plum" means the fruit of the cultivars which are grown from the species Prunus salicina;
"prune" means the fruit of the cultivars which are grown from the species Prunus domestica;
"pummelos (Shaddocks)" means the fruit of the cultivars which are grown from the species Citrus grandis
(L) Osbeck;
"seville oranges" means the fruit of the cultivars which are grown from the species Citrus aurantium (L.);
"soft citrus" means mandarins of cultivars grown from the species Citrus reticulata Blanco, Citrus unshiu
Marcow, Citrus nobilis Lour, Citrus deliciosa Tenore and their hybrids;
"strawberry" means the fruit of the cultivars which are grown from the species Fragaria ananassa;
"subtropical fruits" means fruits of the kinds avocado, mango, kiwifruit, litchi, strawberry, pineapple, melon
and watermelons;
"table grape" means the fruit of the cultivars which are grown from the species Vitis vinifera L;
"the Act" means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990); and
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STAATSKOERANT, 3 OKTOBER 2014
No. 38033
"Water melons" means the fruit of the cultivars which are grown from the species Citrullus lanatus;
Prohibition on the export of fresh fruits
(1)
Subject to the provisions of subregulation (2), no person shall export fresh fruits from the
Republic unless each quantity thereof has been approved by the Executive Officer for that purpose.
2.
(2)
Fresh fruits which are (a)
exported in a consignment of less than 20 kg net mass; and
(b)
taken in as provisions for consumption aboard a conveyance to a foreign country,
shall be exempted from the prohibition set out in subregulation (1).
An approval in terms of subregulation (1) may also be given by an Assignee designated
(3)
with regard to fresh fruits.
Application for approval for export
3.
(1)
An application for an approval in terms of section 4 of the Act for the export of a
consignment of fresh fruits, shall be directed in writing to the Executive Officer or the Assignee who has
been designated with regard to fresh fruits.
(2)
Such an application shall be made at least four working days before the intended date of
export or as otherwise arranged with the Executive Officer or designated Assignee.
(3)
The following particulars shall be supplied when such an application is made:
(a)
The name and address to the applicant and, where applicable, of his agent or
exporter.
(b)
The type of fruit, cultivar and class thereof.
(c)
The applicable Food Business Operator code.
(d)
The number and type of containers in the consignment.
(e)
The intended date and time of export and the port or airport from which the
consignment concerned shall be exported.
(f)
The particulars concerning the marking and destination of the consignment
concerned.
(g)
The address of the premises where the consignment concerned can be
inspected and the date and time when the consignment will be ready for
inspection.
(h)
Any other additional information regarding the consignment concerned.
Presentation for inspection
Each consignment of fresh fruits intended for export which has to be presented for
(1)
inspection in terms of these regulations shall, prior to the export thereof, be approved for export by an
inspector: Provided that the consignment of fresh fruits concerned shall be presented for inspection at
least 12 hours prior to the intended time of export or as otherwise arranged with the Executive Officer or
4.
designated Assignee.
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No. 38033
(2)
GOVERNMENT GAZETTE, 3 OCTOBER 2014
A consignment of fresh fruits referred to in subregulation (1), shall be submitted for
inspection in such a manner that (a)
access to each container therein can be obtained readily; and
(b)
the marks, printing or writing on such containers can readily be read.
Consignment note
(1)
Every consignment of fresh fruits destined for export shall, when submitted for inspection,
be accompanied by a consignment note completed clearly, legibly, fully and correctly.
5.
(2)
All the copies of such a consignment note shall have the same serial number and one
copy thereof shall be retained by the Department or Assignee.
Procedure at inspection
6.
(1)
An inspector may in any consignment of fresh fruits open as many containers and inspect
the contents thereof and remove samples of such contents for the purpose of further inspection or
analyses as he/she may deem necessary.
(2)
An inspector's finding in relation to the containers opened by him/her and the contents
thereof by virtue of the provisions of subregulation (1), shall apply as a finding in respect of the whole
consignment from which such containers were abstracted.
(3)
If an inspector is satisfied after his/her inspection that the consignment of fresh fruits (a)
comply with the requirements of these regulations he/she shall approve such
consignment for export, either by marking or causing to be marked on each
container or label affixed thereto with a mark of approval or by issuing a
certificate which indicates such approval: Provided that, the Executive Officer
taking into consideration the country of destination's legal requirements may in
his or her discretion authorize in writing the issuance of a certificate(s) within a
prescribed time after the fruit has left South Africa; or
(b)
do not comply with the requirements of these regulations he/she shall prohibit
such consignment for export, either by marking or causing to be marked on each
container or label affixed thereto with a mark or prohibition or by issuing a
certificate which indicates such prohibition.
An inspector may at his/her own discretion re-inspect a consignment of fresh fruits which
(4)
has already been approved for export, and may confirm or withdraw according to sub regulation (3)(b)
any previous approval with regard to the consignment concerned: Provided that no inspection fee shall
be payable in respect of a re-inspection carried out on demand of an inspector.
Assessment of the Competence of testing Laboratories involved in the export of fresh fruits
(1) For the purpose of analysis as required by regulation 6 (1), such analyses shall be conducted
by a National Reference Laboratory or Accredited Laboratories.
7.
(2)
The Executive Officer shall in nominating a National Reference Laboratory or Accredited
Laboratories to conduct such analyses in regulation 7(1) consider inter alia their suitability with regards to
the following criteria:
(a) A reasonable knowledge or expertise in fresh fruit;
(b) Compliance with the general criteria for testing laboratories laid down in International
Standard ISO/IEC Guide 17025:2005;
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STAATSKOERANT, 3 OKTOBER 2014
No. 38033
(c) Participation in appropriate proficiency testing schemes for analysis which conform to
the requirements laid down in "The international harmonized protocol for the
proficiency testing of analytical laboratories";
(d) Whenever available, use methods of analysis which have been validated according
to the principles laid down by the Codex Alimentarius Commission; and
(e) Use internal quality control procedures, such as those described in the "Harmonized
Guidelines for internal Quality Control in Analytical Chemistry Laboratories".
Fees for inspection and analysis
8.
The following fees shall be payable for inspection and analysis :
(1)
The prescribed inspection fee when fresh fruits are presented for inspection.
(2)
The laboratory analysis fee when samples of fresh fruits are analysed chemically,
physically or microbiologically for export purposes.
(3)
The courier (transport) fee when samples are dispatched to the laboratory.
Appeal
9.
(1)
Any person who appeals in terms of section 10(1) of the Act against a decision or
direction of an inspector, shall submit a written notice of appeal to an inspector within one day after
he/she has been notified of the said decision or direction unless that day falls on a Saturday, Sunday or
public holiday in which case the appeal shall be submitted on the first following working day.
(2)
Such person shall pay the prescribed fee with the inspector or at any office of the
Executive Officer, as the case may be: Provided that such fee shall be paid in respect of each separate
consignment, and provided further that if the notice of appeal and the fee are not submitted and paid
within the period specified in subregulation (1), the appellant shall lose his/her right of appeal.
An inspector may apply any mark or marks which he/she may deem necessary for
(3)
identification purposes to the fresh fruits in respect of which an appeal has been submitted, or to the
containers thereof, and such fresh fruits shall not without his consent, be removed from the place where
they were inspected or where they are stored.
(4)
The Director-General shall designate at least three persons to serve as an appeal board.
Such an appeal board shall give the appellant or his representative a reasonable notice
(5)
of the time and place determined for the hearing of the appeal and may, after the fresh fruits concerned
have been presented and identified and all interested parties have been heard, instruct all persons to
leave the place where the appeal is being considered: Provided that the appeal board may make use of
persons to assist in an advisory capacity.
(6)
An appeal board shall decide on an appeal within 48 hours (excluding Sundays and
public holidays) after it was submitted, and its decision shall be final.
(7)
If the fresh fruits concerned are not produced at the time and place determined by the
appeal board, the amount paid in respect thereof shall be forfeited.
Offences and penalties
Any person who contravenes or fails to comply with the provisions of these regulations shall be
guilty of an offence and shall be liable to a fine or imprisonment as set out in section 11 of the Act.
10.
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